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2011 DIGILAW 3910 (MAD)

S. Sambasivam v. Addl. Director General of Police South Zone, Hyderabad

2011-09-08

K.CHANDRU

body2011
Judgment :- 1. The petitioner, who was a Driver holding the Constable Rank in the Central Reserve Police Force has filed the present Writ Petition for the second time. The prayer in the Writ Petition is to challenge an order dated 30.8.2011, wherein he was given signal to take charge at 19th Battalion. In that order, it was indicated that since already the petitioner’s case before this Court had been negatived, he has to immediately report to avoid any legal complications. 2. Curiously, the petitioner has come before this Court challenging the signal given to him to join at the transferred place. The petitioner was transferred from 77th Battalion to 19th Battalion by order dated 12.6.2010 by the Deputy Inspector General of Police, Group Centre. The petitioner filed a Writ Petition in W.P.No.13641 of 2010 challenging the said transfer order. This Court, after notice to the respondents passed a detailed order and held that there was no case made out for interfering with the transfer order and in the absence of any mala fide or lack of jurisdiction, such an order of transfer cannot be interfered with. 3. The petitioner, after the order was passed, got admitted to the Madras Medical Mission at the Institute of Cardio-Vascular Diseases and underwent Coronary Angioplasty and Stenting. The fact that the petitioner underwent the above treatment, was available even at the time when the earlier Writ Petition came to be filed. But, notwithstanding the same, the petitioner started sending representations regarding his medical condition. It was claimed by him that there was no appropriate medical facility available at the 19th Battalion and therefore, he should be retained at the 77th Battalion. 4. Subsequently, by a signal message from the Hyderabad Headquarters, the order was temporarily cancelled. The petitioner was allowed to continue notwithstanding the earlier order dated 12.6.2010. After the dismissal of the Writ Petition, the respondents on coming to know about the decision has once again issued fresh signal and the petitioner is once again before this Court. 5. The contention raised by the petitioner was that only due to court decision, the earlier decision was cancelled and in such circumstances, only the Director General of CRPF can alone transfer him. 6. If the respondents persist on the petitioner joining in the transferred place, he had no option except to go on voluntary retirement. 5. The contention raised by the petitioner was that only due to court decision, the earlier decision was cancelled and in such circumstances, only the Director General of CRPF can alone transfer him. 6. If the respondents persist on the petitioner joining in the transferred place, he had no option except to go on voluntary retirement. However, this Court is not inclined to entertain the Writ Petition. It must be noted that the grounds raised by the petitioner in this Writ petition have already been dealt with by this Court in the earlier round of litigation. 7. The Supreme Court vide its judgment in Major General J.K. Bansal Vs. Union of India and others reported in 2005 (7) SCC 227 , deprecated the practice of courts interfering with the order of transfer regarding the member of Armed Force. In paragraph 12 of the order, the Supreme Court observed as follows: “12. It will be noticed that these decisions have been rendered in the case of civilian employees or those who are working in public sector undertakings. The scope of interference by the courts in regard to members of armed forces is far more limited and narrow. It is for the higher authorities to decide when and where a member of the armed forces should be posted. The courts should be extremely slow in interfering with an order of transfer of such category of persons and unless an exceptionally strong case is made out, no interference should be made.” 8. In any event, once the transfer was under challenge, the petitioner has exercised all the grounds relating to impugning the transfer and the Court also answered the same, in the absence of the petitioner moving the appellate forum, he cannot come again to this Court challenging the consequential order, which gives effect to the order passed by this Court. If the petitioner’s health condition does not permit him to go to another Battalion, which is also part of the conditions of service of the petitioner, then it is only for him to decide whether he should continue in the said post. But, on that ground, the Court cannot interfere with the Consequential order inviting the earlier order of transfer. There is no case made out. Hence, the writ petition stands dismissed. No costs. The connected Miscellaneous Petitions are closed.